사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion was confirmed as Nonparty C’s creditor by receiving a payment order in the Seoul Eastern District Court Decision 201Hu33567.
Nonparty C and the Defendant jointly succeeded to the real estate listed in the separate sheet (hereinafter “instant real estate”) due to the death of the deceased D as the heir of the deceased D.
However, on August 17, 2018, Nonparty C renounced his/her inheritance shares (2/9) on the instant real estate, and entered into an agreement with the Defendant on division of inherited property with the content that the Defendant inherited.
According to the above agreement on division of inherited property, the defendant completed the registration of transfer of ownership stated in the purport of the claim regarding the real estate (hereinafter referred to as the “registration of transfer of ownership”).
The above agreement on the division of inherited property constitutes a fraudulent act against the creditor of the non-party C, and thus, the agreement on division of inherited property should be revoked, and the transfer of ownership in this case as to the 2/9 share equivalent to the inheritance shares of the non-party C among the real
2. The waiver of succession to the legal doctrine is retroactively effective at the time of the commencement of succession (Article 1042 of the Civil Act), and the renouncer is deemed to have never been an inheritor (see, e.g., Supreme Court Order 2003Ma988, Aug. 11, 2003). Therefore, the agreement on the division of inherited property between the co-inheritors, other than the renouncer, has not yet been filed, or has not yet been accepted by the court, after the report on the renunciation of succession was duly accepted, and the effect of the renunciation of succession has become effective retroactively by all the co-inheritors who have the qualification of co-inheritors.
This is the right of the renouncer to the inherited property, even if the renouncer participates in the agreement on division of inherited property and becomes the party, the agreement is based on the assumption of the renunciation of inheritance.